Estrada

Defendant was charged with kidnaping for the purpose of robbery in violation of Penal Code section 209. A jury convicted him of kidnaping in violation of Penal Code section 207, a lesser and included offense. The jury found defendant to have been armed at the time of the offense. He is appealing from the judgment.

The facts may be stated simply because there is no conflict in the evidence. When a uniformed police officer approached defendant at the edge of a street in North Hollywood at about 1:30 in the afternoon, defendant pulled a revolver out of his pocket and ordered the officer to put up his hands. Defendant took the officer’s revolver, forced him into a nearby police ear and ordered, “ ‘Take me to L.A.’ ” As the officer drove, he heard shots fired from the rear seat where defendant was sitting. Then defendant struck the officer on the side of the head with his gun. The officer suddenly applied the brakes and deliberately crashed into a parked car, then leaped into the back seat and seized the two guns. With the help of three bystanders defendant was subdued. The record contains the testimony of the victim and three other persons who saw the kidnaping, and of the three who…